Wheat v. Correctional Medical Services et al

Filing 50

ORDER ADOPTING Partial Report and Recommendations 39 denying plaintiff's motion for a temporary restraining order 21 ; denying motion for injunctive relief 33 , denying motions for hearings 22 31 , denying motion to amend 38 , denying mo tion for appointment of counsel 36 , granting motion to amend and allowing plaintiff to proceed with his claim against deft Doctor Turner; directing the Clerk of the Court to prepare summons for this deft and the U.S. Marshal to serve a copy of the complaint, the motion to amend and summons without prepayment of fees therefor. Signed by Chief Judge J. Leon Holmes on 6/15/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JASON WHEAT ADC # 128995 v. No. 5:09CV00067 JLH/HDY DEFENDANTS PLAINTIFF CORRECTIONAL MEDICAL SERVICES, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge H. David Young and the parties' objections. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. as moot; 2. 3. 4. 5. and 6. Plaintiff's Motion for Amend (docket entry #34) is GRANTED and Wheat is allowed Plaintiff's Motion for Injunctive Relief (docket entry #33) is DENIED; Plaintiff's Motions for Hearings (docket entry #22 and #31) are DENIED; Plaintiff's Motion to Amend (docket entry #38) is DENIED; Plaintiff's Motion for the Appointment of Counsel (docket entry #36) is DENIED; Plaintiff's Motion for a Temporary Restraining Order (docket entry #21) is DENIED to proceed with his claim against Defendant Doctor Turner. The Clerk of the Court is directed to prepare summons for this Defendant, and the United States Marshal is directed to serve a copy of the Complaint (docket entry #2), the Motion to Amend (docket entry #34), and summons on Defendant, without prepayment of fees and costs or security therefore. DATED this 15th day of June, 2009. ___________________________________ UNITED STATES DISTRICT JUDGE 2

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